office of thesecretary - kagawaran ng interyor … of ra 9211 (tobacco regulation act of 2003) and...

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April 12, 2013 Republic of the Philippines DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT A. Francisco Gold Condominium II, ED SA corner Mapagmahal St., Diliman, QUEZON CITY Telephone Number 925.11.48' 925.88.88' 925.03.32 www.dilg.gov.ph OFFICE OF THE SECRETARY •••. MEMORANDUM CIRCULAR NO.2013- 30 TO ALL CITY MAYORS, MUNICIPAL MAYORS, PUNONG BARANGA YS, DILG REGIONAL DIRECTORS, THE ARMM REGIONAL SECRETARY AND OTHERS CONCERNED SUBJECT ENJOINING LGUs TO SUPPORT DTI-INTER-AGENCY COMMITTEE/ TOBACCO MEMORANDUM CIRCULAR NO. 01, S. 2008, ENTITLED, "MONITORING AND ENFORCEMENT GUIDELINES OF RA 9211 (TOBACCO REGULATION ACT OF 2003) AND ITS IRR," SPECIFICALLY SECTIONS 11 AND 12 THEREOF It is the declared policy of the State to protect the populace from hazardous products and promote the right to health and instill health consciousness. It is also the policy of the State, consistent with the Constitutional mandate to promote general welfare, to safeguard the interests of the workers and other stakeholders in the tobacco industry thus, there is a need for the government to institute a balanced policy whereby the use, sale and advertisements of tobacco products shall be regulated in order to promote a healthful environment and protect the citizens from the hazards of tobacco smoke, and at the same time, ensure that the interests of tobacco farmers, growers, workers and other stakeholders are not adversely compromised. Pursuant to Sections 29 and 32 of Republic Act No. 9211 (Tobacco Regulation Act of 2003) and its Implementing Rules and Regulations (IRR), the Inter-Agency Committee- Tobacco (IACT), with the Department of Trade and Industry as the lead agency and tasked with the exclusive power and function to administer and implement the said law, is also responsible to enforce the penal sanctions for violations. The IACT, in its February 20, 2013 meeting, received feedbacks that most of the retailers of tobacco products are not asking buyers for proof of age and most point of sale establishments of tobacco products do not have the signage as required in Sections 11 and 12 of its IRR, quote:

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April 12, 2013

Republic of the PhilippinesDEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT

A. Francisco Gold Condominium II, EDSA corner Mapagmahal St., Diliman, QUEZON CITYTelephone Number 925.11.48' 925.88.88' 925.03.32

www.dilg.gov.ph

OFFICE OF THE SECRETARY

•••.MEMORANDUM CIRCULARNO.2013- 30

TO ALL CITY MAYORS, MUNICIPAL MAYORS, PUNONGBARANGA YS, DILG REGIONAL DIRECTORS, THE ARMMREGIONAL SECRETARY AND OTHERS CONCERNED

SUBJECT ENJOINING LGUs TO SUPPORT DTI-INTER-AGENCYCOMMITTEE/ TOBACCO MEMORANDUM CIRCULAR NO. 01,S. 2008, ENTITLED, "MONITORING AND ENFORCEMENTGUIDELINES OF RA 9211 (TOBACCO REGULATION ACT OF2003) AND ITS IRR," SPECIFICALLY SECTIONS 11 AND 12THEREOF

It is the declared policy of the State to protect the populace from hazardousproducts and promote the right to health and instill health consciousness.

It is also the policy of the State, consistent with the Constitutional mandate topromote general welfare, to safeguard the interests of the workers and other stakeholdersin the tobacco industry thus, there is a need for the government to institute a balancedpolicy whereby the use, sale and advertisements of tobacco products shall be regulated inorder to promote a healthful environment and protect the citizens from the hazards oftobacco smoke, and at the same time, ensure that the interests of tobacco farmers,growers, workers and other stakeholders are not adversely compromised.

Pursuant to Sections 29 and 32 of Republic Act No. 9211 (Tobacco Regulation Actof 2003) and its Implementing Rules and Regulations (IRR), the Inter-AgencyCommittee- Tobacco (IACT), with the Department of Trade and Industry as the leadagency and tasked with the exclusive power and function to administer and implementthe said law, is also responsible to enforce the penal sanctions for violations.

The IACT, in its February 20, 2013 meeting, received feedbacks that most of theretailers of tobacco products are not asking buyers for proof of age and most point of saleestablishments of tobacco products do not have the signage as required in Sections 11 and12 of its IRR, quote:

Section 11. "Signage. - Point-of-Sale establishments offering,distributing or selling tobacco products to consumers, shall post thefollowing statement in a clear and conspicuous manner,"SALEIDISTRIBUTION TO OR PURCHASE BY MINORS OF TOBACCOPRODUCTS IS UNLAWFUL" or "IT IS UNLAWFUL FOR TOBACCOPRODUCTS TO BE SOLD/DISTRIBUTED TO OR PURCHASED BYPERSONS UNDER 18 YEARS OF AGE."

Section 12. "Proof of Age Verification. - In case of doubt as to theage of the buyer, retailers shall verify, by means of any valid form ofphotographic identification containin g the date of birth of the bearer, thatno individual purchasing a tobacco product is below eighteen (18) years ofage."

In this connection, all City Mayors, Municipal Mayors and Punong Barangays areenjoined to support the IACT in verifying compliance by retailers and distributors oftobacco products within their respective localities.

The DILG Regional Directors and the ARMM Regional Governor are directed tocause the widest dissemination of this Memorandum Circular.

For compliance.